BILL NUMBER: AB 693	CHAPTERED  08/30/99

	CHAPTER   257
	FILED WITH SECRETARY OF STATE   AUGUST 30, 1999
	APPROVED BY GOVERNOR   AUGUST 30, 1999
	PASSED THE ASSEMBLY   AUGUST 16, 1999
	PASSED THE SENATE   JULY 15, 1999
	AMENDED IN SENATE   JULY 1, 1999
	AMENDED IN SENATE   JUNE 21, 1999
	AMENDED IN ASSEMBLY   APRIL 7, 1999

INTRODUCED BY   Assembly Member Machado

                        FEBRUARY 23, 1999

   An act to amend Section 8550 of the Business and Professions Code,
relating to structural pest control.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 693, Machado.  Structural pest control:  solicitation by
unlicensed persons.
   (1) Existing law provides that it is unlawful for any unlicensed
individual or unregistered business entity to engage or offer to
engage in the practice of structural pest control, as defined.
Existing law also provides, however, that the practice of structural
pest control does not include price quotations given by unlicensed
employees on behalf of a registered company in response to a request
for that information.  Existing law also provides that any violation
of the law governing structural pest control is a crime and subject
to specified criminal penalties.
   This bill would authorize an unlicensed person to solicit pest
control work on behalf of a structural pest control company, provided
that the company is registered and the unlicensed individual does
not perform or offer to perform any act for which an operator, field
representative, or applicator license is required.  This bill would
define solicitation in this context to mean the introduction of
consumers to a registered company and its services, the distribution
of advertising literature, and the setting of appointments on behalf
of a licensed operator or field representative.
   This bill would additionally provide that it is unlawful for an
unlicensed individual soliciting pest control work on behalf of a
registered pest control company to perform or offer to perform any
act for which an operator, field representative, or applicator
license is required, and for sole proprietorships to engage in the
practice of structural pest control unless registered in accordance
with specified provisions of law.  This bill would also provide that
it is unlawful for an unlicensed individual to offer opinions or make
recommendations concerning the need for structural pest control
work.  The bill would specify the applicability of certain penalties.

   Because this bill would expand the activities or practices that
are unlawful under the provisions of law governing structural pest
control, it would expand the definition of a crime and thereby would
impose a state-mandated local program.
   This bill would also make technical, nonsubstantive changes.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8550 of the Business and Professions Code is
amended to read:
   8550.  (a) It is unlawful for any individual to engage or offer to
engage in the business or practice of structural pest control, as
defined in Section 8505, unless he or she is licensed under this
chapter.
   (b) Notwithstanding subdivision (a), an unlicensed individual may
solicit pest control work on behalf of a structural pest control
company only if the company is registered pursuant to this chapter,
and the unlicensed individual does not perform or offer to perform
any act for which an operator, field representative, or applicator
license is required pursuant to this chapter.  As used in this
subdivision, to "solicit pest control work" means to introduce
consumers to a registered company and the services it provides, to
distribute advertising literature, and to set appointments on behalf
of a licensed operator or field representative.
   (c) It is unlawful for an unlicensed individual, soliciting pest
control work on behalf of a registered structural pest control
company pursuant to subdivision (b), to perform or offer to perform
any act for which an operator, field representative, or applicator
license is required, including, but not limited to, performing or
offering pest control evaluations or inspections, pest
identification, making any claims of pest control safety or pest
control efficacy, or to offer price quotes other than what is
provided and printed on the company advertising or literature, or
both.
   (d) It is also unlawful for any unlicensed individual to offer any
opinion, or to make any recommendations, concerning the need for
structural pest control work in general, or in connection with a
particular structure.
   (e)  It is unlawful for any firm, sole proprietorship,
partnership, corporation, association, or other organization or
combination thereof to engage or offer to engage in the practice of
structural pest control, unless registered in accordance with Article
6 (commencing with Section 8610).
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
